Reclaiming your music depends on your location and the type of contract you signed. In the United States, Section 203 allows you to terminate a grant of rights after 35 years by filing a formal notice. In India, Section 19 of the Copyright Act states that if a publisher doesn’t use your music within one year, the rights may automatically lapse back to you. In the UK, there is no automatic legal right to reclaim music, so you must rely on reversion clauses within your specific contract.
1. The US Strategy: Statutory Termination
The US has the most famous “second chance” law. If you signed away your rights on or after January 1, 1978, you can get them back.
- The Timeline: You can terminate the deal 35 years after it was signed.
- The Notice: You must send a “Notice of Termination” to the publisher/label 2 to 10 years before the 35-year mark.
- The Recordation: A copy of that notice must be filed with the U.S. Copyright Office.
- The Result: On the effective date, you become the 100% owner of your US copyrights again.
Note: This does not apply to “Work for Hire” agreements.
2. The India Strategy: The “Use It or Lose It” Rule
India’s Copyright Act is very protective of creators regarding inactive deals.
- Section 19(4): If the person you assigned your rights to (the publisher or label) does not exercise those rights within one year, the assignment is deemed to have lapsed unless the contract says otherwise.
- Section 19(5): If your contract doesn’t specify how long the deal lasts, it is legally presumed to be only five years.
- The Commercial Court: You can petition a Commercial Court to revoke an assignment if the publisher is failing to make “sufficient exercise” of the rights.
3. The UK Strategy: Contractual Reversion
Unlike the US, the UK does not have a “35-year rule.” Reclaiming rights in the UK is almost entirely down to what you signed.
- Reversion Clauses: Check your contract for a clause that says: “If the song is not commercially exploited within X years, rights revert to the Author.”
- Breach of Contract: If the publisher hasn’t paid you royalties or failed to fulfill their duties, you may be able to terminate the deal for “material breach.”
- The Musicians’ Union: If you are a member, they offer legal vetting to help you find an exit path from old deals.
Comparison of Reclamation Methods
| Country | Primary Method | Key Condition |
| United States | Statutory Termination | Must wait 35 years (Not for Work for Hire). |
| India | Section 19 Lapse | Rights lapse if not used within 1 year. |
| United Kingdom | Contractual Reversion | Depends on the specific text of your deal. |
4. Why Audiobulb is Your “Clean Slate” Partner
Once you successfully reclaim your rights, you need a place to put them where they are safe. Audiobulb is designed to be that permanent home.
- Administrative Takeover: Once your rights revert, you can move the administration to Audiobulb for $19.99/year. We handle the messy transition of notifying the PROs (PRS, ASCAP, IPRS) that the money should now go directly to you.
- Metadata Audit: Reclaimed music often has “broken” metadata. We help you clean up the ISRC and ISWC records so that you start receiving 100% of the royalties from day one.
- No More “Forever”: Because we don’t take ownership, you’ll never have to “reclaim” your music from us. You keep the keys to the house; we just keep the pipes working.
5. First Steps to Reclaiming Your Rights
- Find the Original Contract: You cannot act without the exact date the deal was signed.
- Audit Your Royalties: Are you still getting paid? If not, that is evidence of “non-exercise” (especially useful in India).
- Consult a Specialist: Termination notices (especially in the US) have very specific formatting requirements. One typo can reset your 35-year clock.
Summary
Reclaiming your music is a marathon, not a sprint. Whether you are using the US 35-year rule or India’s 1-year lapse rule, the goal is the same: to move from being a “hired creator” to a “catalog owner.” Once you have your rights back, a flat-fee service like Audiobulb ensures you never lose control again.
Your Next Step: Do you have old music sitting with a publisher who isn’t doing anything for you? Join Audiobulb for $19.99/year and let us help you prepare your metadata for a clean transition once your rights are back in your hands.